B.
A request for consideration of a conditional use shall be presented
to the Township Secretary who shall place it on the agenda of the
next regularly scheduled meeting of the Planning and Zoning Commission.
C.
The Commission shall review the plan at its next meeting and shall
recommend to the Board of Commissioners that the proposal be approved
as presented, approved with specific conditions attached or denied.
The Planning and Zoning Commission's decision shall be made not
later than the second regular meeting after first reviewing the proposal.
D.
The Commission shall immediately send its recommendation to the Board
of Commissioners which may concur with the Planning and Zoning Commission's
recommendation, reverse it or modify or expand any attached conditions.
The Board of Commissioners shall make its decision not later than
the second regular meeting after reviewing the recommendation.
E.
The Planning and Zoning Commission or the Board of Commissioners
may call and hold a public hearing prior to rendering a decision.
F.
If granting approval the Board of Commissioners shall immediately
authorize the Zoning Officer to issue a zoning permit for the proposal.
Failure of the developer to accept conditions attached to approval
shall constitute disapproval. Any conditions attached to approval
shall be noted on the zoning permit.
G.
A request for a conditional use shall be accompanied by a written
statement that demonstrates:
(1)
The use will not endanger the public health and safety if located
where proposed and will not deteriorate the environment or generate
nuisance conditions.
(2)
The use can be accommodated on the site with none or only minimum
variances required.
(3)
The use is compatible with or will support the uses in the neighborhood
of the site.
(4)
The use does not require substantial earthmoving, revision of drainage
patterns or create excessive traffic congestion or substantial increase
in stormwater flow.
(5)
Off-street parking is provided as required by § 180-24 of this chapter and areas not covered by buildings or paved are landscaped and maintained.
(6)
Access to parking lots are located as remote as possible from nearby
street intersections and adequate sight distances are available at
access points for motorists entering and leaving the property proposed
for the use.
H.
The developer shall submit, in addition to the statement, a site
plan of his proposal showing existing and proposed buildings, with
use of each building noted, uses of all adjacent properties and of
those directly across an intervening street, points of access into
the property, internal drives and parking areas showing each parking
space and topographical features, including proposed grading, if any
(with degree of slope shown).
A.
Cluster residential development.
(1)
A cluster residential development is a conditional use in the R-1
and R-2 Zone Districts.
(2)
Such development shall minimize earth movement, disturbance of steep
slopes, natural drainage patterns and woods cover, shall minimize
the length of access streets and utility lines, shall assure permanent
open space within the development and may include a combination of
types of dwelling buildings.
(3)
At least 1/2 the total site area in any such development shall be set aside as "common open space" [see Subsection A(11) below] which may be developed for the recreational use of the residents of the plan but shall not be sold or used for any other purpose.
(4)
Within the R-1 Zone District only one family detached or two-family
dwellings will be permitted.
(5)
The overall density within a cluster development, excluding public
streets created in the plan, shall not exceed:
(a)
Single-family detached or two-family dwellings: 7,500 square
feet of site area per dwelling unit in the R-1 District and 5,000
square feet of site area in the R-2 District.
(b)
Attached dwellings (townhouses): 2,000 square feet of site area
per dwelling unit.
(c)
Garden apartments: 1,000 square feet of site area per dwelling
unit.
(6)
Single-family detached dwellings shall be on their own lots which
may be less in area and/or frontage than required for conventional
development in the zone district. However, the nearest wall of one
dwelling shall be no closer than 20 feet to the closest wall of an
adjacent dwelling. Each lot shall abut an existing public street or
one created in the plan.
(7)
Single-family attached dwellings may be on their own lots. Such dwellings
shall be not less than 16 feet in width between the centers of party
walls and the average width within a group of attached dwellings shall
be not less than 18 feet. An attached dwelling on its own lot shall
occupy not more than 40% of the lot area, and the total number of
dwellings in an attached group shall not exceed eight in number. Dwelling
buildings in a cluster plan shall be set back from the property lines
of the original development tract and from all existing streets or
streets created in the plan by at least 25 feet.
(8)
Within a plan of attached dwellings or garden apartments long walls
shall be separated by at least 40 feet or an average of 40 feet if
the walls are not parallel, by at least 30 feet if the end wall of
one building is next to the long wall of a second building and by
at least 20 feet if end walls of two buildings are next to each other.
Walls on adjacent buildings shall be considered next to each other
if they would overlap by at least six feet if the buildings were moved
towards each other to intersect.
(9)
A homeowners' association shall be required if any or all lots
or dwelling units in a plan are to be sold and land and/or facilities
for the use and benefit of the residents of the plan remain as the
responsibility of the lot and/or dwelling owners. The text of the
rules and regulations establishing and governing the association shall
be reviewed and found acceptable by the Township Solicitor as providing
adequate safeguards for both the Township and the plan residents.
(10)
Membership in the association shall be a mandatory condition
of purchasing a dwelling. Voting power shall be based on one vote
per owned dwelling or lot, vested in the owner. However, a positive
vote by a majority of those voting at a meeting or by mail ballot
shall be sufficient for passage of a motion, provided that at least
50% of the total membership participates.
(11)
All land not to be developed for housing or sold for development
shall be recorded as common open space on the recorded plan and shall
be described as a separate or separate land parcels. The common open
space shall be conveyed to the association. The developer shall be
responsible for his share of maintenance, taxes and insurance costs
based on the lots or dwellings he still owns at any time.
(12)
For additional regulations regarding cluster developments, see
53 P.S. § 10701 et seq.
[Added 12-12-1997 by Ord.
No. 281]
B.
Educational, religious or other private nonprofit community use.
(1)
Such use shall front on a street with a paved width of at least 32
feet, connecting to other streets on each end.
(2)
There shall be no dwelling on the property other than the residence
or apartment of the congregation's minister, priest or rabbi
or a caretaker.
(3)
Parking areas shall be screened from adjacent residential properties
and access points to such areas shall be located to provide maximum
sight distances.
C.
Home occupation.
(1)
Home occupations may occur in a single-family detached dwelling but
not in accessory buildings.
(2)
Home occupations shall be operated by the residents of the dwelling
and employ no outside help.
(3)
No exterior changes shall be made to the dwelling to accommodate
the home occupation.
(4)
Retail sales shall be no more than an incidental part of the occupation.
(5)
Personal services shall be provided only on an appointment basis.
(6)
Items to be repaired shall be limited to those that can be carried
in by one person.
(7)
If the dwelling is rented, the residents shall have written permission
from the owner before commencing the home occupation.
D.
Seasonal sale of nursery stock or orchard crops from property on
which it is grown.
(1)
A temporary sales stand may be set up when materials have been harvested
for sale and shall be removed when sales are completed each season.
(2)
Off-street parking for at least five vehicles shall be provided but
need not be paved.
(3)
Not more than two unlighted signs, each not larger than eight square
feet in area may be placed on the same property as the sales stand,
but shall be removed when the sales stand is closed.
E.
Groups of attached dwellings or apartment buildings on the same property.
(1)
The number of apartment or attacked dwellings shall not exceed in
number the lot area divided by 1,000.
(2)
The minimum lot area shall be 10,000 square feet.
(3)
Buildings shall be separated from one another by at least 40 feet
when long walls are parallel or an average of 40 feet if long walls
are not parallel. Where an end wall and long wall of neighboring buildings
are involved, the minimum separation shall be 30 feet and where end
walls relate to each other they shall be separated by at least 20
feet.
(4)
Attached dwellings shall be on their own lots. Such dwellings shall
be not less than 16 feet in width between centers of party walls and
the average width within a group of attached dwellings shall be not
less than 18 feet. Each lot shall abut a public street and the total
number of dwellings in an attached group shall not exceed eight.
(5)
Off-street parking may be pull-in spaces off a rear or side alley
provided such spaces are paved and on the same property as the apartment
building or on a second property in the same ownership as the apartment
building and not more than 200 feet distant from an entrance to the
building.
F.
Rooming house.
(1)
A single-family detached dwelling may be owned by or rented to not more than five boarders or lodgers who do not constitute a family as defined in § 180-9 of this chapter, provided that one off-street parking space is available on the lot for each border or lodger.
[Amended 12-12-1997 by Ord. No. 281]
(2)
The family residing in a single-family or in half of a two-family
dwelling may rent a room or rooms in the dwelling to not more than
a total of two boarders or lodgers as an accessory use not requiring
conditional use approval.
G.
Transitional living facility.
(1)
The facility shall be in a single-family dwelling converted for the
purpose.
(2)
A transitional living facility shall be operated by an agency licensed
by the commonwealth and shall accept only persons placed by court
order or by an agency of Beaver County or the commonwealth.
(3)
No two such facilities shall be within 1,000 feet of one another.
(4)
Trained staff shall be on the premises whenever residents are there.
(5)
No more than four persons who are clients of the operating agency
shall be residents of the facility at any time.
I.
Day-care center.
(1)
The facility shall be in a single-family dwelling or in a building
operated by a public or semipublic agency such as a church or social
service organization.
(2)
The center shall be approved by the Beaver County Department of Health
and the State Department of Welfare.
(3)
A day-care center shall have a capacity of not more than six preschool
age children or dependent adults if in a single-family dwelling and
a capacity as determined by the County Health Department if in other
facilities.
(4)
No overnight accommodations shall be provided.
J.
Funeral home.
(1)
Transfer of caskets to and from a hearse shall occur within an enclosed
garage.
(2)
The building may also include the residence of the owner or operator.
(3)
The minimum lot size shall be 10,000 square feet.
(4)
Parking areas shall be developed in accordance with § 180-24 and particularly § 180-24E(2) and F(9).
[Amended 12-12-1997 by Ord. No. 281]
K.
Parking lots to serve commercial use on a nearby lot in the Commercial
Zone District.
(2)
The paved surface shall be set back at least 25 feet from the street
on which the lot is located and at least five feet from all other
property lines abutting or directly across a street from a residentially
zoned lot.
(3)
Unpaved areas of the lot shall be planted in grass or ground cover
and maintained.
L.
Professional offices.
(1)
The property on which the offices are located shall abut State Avenue
and the access to the offices shall be from State Avenue or a side
street intersecting State Avenue.
(2)
The reuse of existing older buildings for office use will be preferred
over removal of an older building and replacement with a new structure.
(3)
No off-street parking shall occur in the area of the lot between
the office building and State Avenue. The front yard area shall be
landscaped and maintained.
(4)
A second floor of the office building may be utilized for apartment
use, with no more than one such apartment on lots of less than 5,000
square feet and no more than one additional apartment for each 1,000
square feet of lot area over 5,000 square feet, fractions excluded.
A.
Automobile sales.
(1)
The business shall be conducted from a permanent enclosed building.
(2)
Outdoor display areas shall be paved and drained the same as for
parking lots.
(3)
Service shall be limited to dealer preparation, periodic maintenance
and repair for vehicles sold by the business.
(4)
Sale of used vehicles shall occur only as an incidental part of a
new car or truck sales business.
(5)
Where the outdoor sales and parking area abuts a public street across
which are the fronts of residential properties or abuts a residentially
used property along a common side or rear line, such area shall be
screened by a dense evergreen hedge along its entire length maintained
at a height of not less than four feet nor more than six feet.
B.
Automobile service station, including the sale of gasoline as part
of a retail sales business.
(1)
Pump islands shall not be closer than 10 feet to any street right-of-way.
Overhanging canopies shall not extend over a right-of-way.
(2)
Sufficient spaces shall be provided on each side of each pump island
to accommodate at least three vehicles being serviced or awaiting
services.
(3)
Access points to the property shall be limited to no more than two,
each not greater than 35 feet in width at the property line and each
as remote as possible from street intersections. If the property abuts
a side street a third access point may be provided, as remote from
the street intersection as possible.
(4)
All hoists, pits lubricating, greasing, washing and repair facilities
shall be entirely within an enclosed building.
(5)
Waste greases and oils shall be collected in containers for disposal
off the property. Discarded car parts shall be stored within the station
building for periodic disposal.
(6)
Services performed on the premises shall not include spray painting,
major engine overhaul, bodywork or tire recapping.
(7)
Whenever the station property abuts a lot in residential use along
a side or rear line there shall be provided an evergreen hedge, maintained
at a height of not less than four feet or an opaque fence of the same
height on the common property line.
C.
Automobile, appliance or furniture repair shop.
(1)
Discarded auto parts including tires, household appliances, furniture
items or parts thereof shall not be stored outdoors unless completely
surrounded by a solid fence at least five feet high or by a solid
fence and building on the property. Solid fence shall imply a fence
with an opaque face its full height and width, a solid gate and advertising
on no more than 10% of the fence surface. Discarded auto parts shall
include autos lacking current registration or inspection stickers
and those that are not awaiting repair or insurance inspection, or
are not in the process of being repaired.
(2)
Welding, spray painting or hammer work shall be done in enclosed
spaces. Light from welding, odors from painting and noise from bodywork
shall be controlled in the building.
(3)
No such operation shall be approved if it abuts or is directly across
the street from a residential zone or use.
D.
Restaurant or bank drive-through facility.
(1)
In a drive-through operation, there shall be space available on the
property so that at least three cars may line up prior to entering
the sales area.
(2)
The points of entrance and exit and circulation in the property shall
be clearly marked.
(3)
Circulation of vehicles using take out windows and those parking
to enter the building shall be clearly designated for motorists on
the property.
(4)
No service shall be provided to motorists while parked on a public
street.
(5)
All maneuvering of vehicles shall occur entirely on the property,
except that a public alley may be used at the discretion of the Board
of Commissioners.
(6)
The management of a take out restaurant shall provide wastepaper
containers conspicuously around the parking area and discarded materials
shall be picked up from the property on a regular basis.
(7)
The Board may attach limitations on the hours of operation.
E.
Commercial recreation venture.
(1)
All activity shall occur entirely within an enclosed building.
(2)
The establishment shall not generate excessive noise or glare.
(3)
Tables or electronic game machines used in the establishment shall
be separated by at least four feet on all sides except one side may
be against a wall.
(4)
There shall be a representative of the management on the premises
at all times the establishment is open responsible for customer behavior.
(5)
The Board of Commissioners may limit the hours of operation.
F.
Dry-cleaning shop. The proposed shop shall have been approved by
the State Department of Labor and Industry and by the Vanport Fire
Chief prior to the granting of an occupancy permit.
G.
Veterinary office. All holding pens shall be located within an enclosed
building.
H.
Commercial use similar to those that are permitted.
(1)
The business shall be conducted entirely from within a permanent
enclosed building except for special sales for a temporary period
that may be approved on an individual basis by the Board of Commissioners.
(2)
No products or residue from the business shall be stored outside.
(3)
The building required for the use shall be substantially similar
in size and appearance to buildings containing permitted uses.
(4)
The hours of operation shall be similar to those of permitted businesses.
A.
Bulk fuel storage.
(1)
Fuel storage shall be limited to home heating fuel oil and propane
gas only.
(2)
Aboveground storage tanks shall be surrounded by dikes enclosing
sufficient volume to contain the contents of the tanks if ruptured.
(3)
Tanks shall be set back at least 100 feet from the nearest property
line and 200 feet from any dwelling.
(4)
No residue or runoff from any tanks or distribution or loading process
shall be permitted to enter the ground or drain off the property.
(5)
Approval of the proposed facility shall have been given, in writing,
by the appropriate state agency or agencies before the Township may
issue a building permit.
B.
Manufacturing or light industrial use similar to and compatible with
those listed as permitted.
(1)
The proposed use shall have been approved by the State Department
of Labor and Industry and the Fire Chief prior to the issuing of an
occupancy permit.
(2)
No such operation shall be permitted that abuts or is directly across
the street from a residential zone or use.
(3)
Dust and other residue from the operation shall be collected within
the building and disposed of off the premises on a regular basis by
a contract hauler.
(4)
Machinery shall be isolated structurally from the building to dampen
vibration and noisy machinery shall be within insulated enclosures.
(5)
No part of the property shall be used for residential purposes except
for the apartment of the owner or operator.
(6)
Light-producing operations shall be carried on entirely within a
building oriented so that no windows are on the side of the building
facing any dwellings.
C.
Adult businesses.
[Added 11-14-2016 by Ord.
No. 369]
(1)
ADULT BOOKSTORE
ADULT BUSINESS
ADULT ENTERTAINMENT
ADULT MOVIE THEATER OR MOVIE HOUSE
Definitions. For the purposes of this chapter, the following terms
shall have the meaning indicated:
Any commercial establishment in which is offered for sale
as a substantial or significant portion of its stock-in-trade videocassettes,
digital video discs, movies, books, magazines or other periodicals
or other media which are distinguished or characterized by their emphasis
on nudity or sexual conduct or on activities which, if presented in
live presentation, would constitute adult entertainment.
An adult bookstore, adult store, store whose merchandise
offering are comprised of at least 50% adult items (those distinguished
or characterized by their emphasis on nudity or sexual conduct or
on activities), commercial movie theater or movie house, adult movie
theater or movie house, or other adult entertainment, as defined herein.
In the event that an activity or business which might fall under a
use category other than adult business is combined with and/or includes
activities which constitute an adult bookstore, adult movie theater
or movie house or adult entertainment, as defined herein, then such
activity or business shall constitute an adult business and shall
be governed by those provisions in this chapter applicable to adult
business uses and not by provisions applicable to any other use category.
A commercial establishment providing, either as a sole use
or in connection with or in addition to other uses, entertainment
consisting of the use of nudity or of live dancing, posing, displaying,
acting, sexual conduct or other live presentation or use of persons
whose actions are distinguished or characterized by emphasis on use
of the human body in a manner intended to result in or resulting in
arousal of sexual excitation or sexual titillation or a prurient interest
or intended to produce or resulting in producing lustful emotions.
Any commercial movie theater which, on a regular, continuing
basis, shows films rated "X" by the Motion Picture Coding Association
of America, or any movie theater which presents for public viewing
on a regular, continuing basis so-called "adult films" depicting sexual
conduct, as defined by this chapter. This includes facilities that
provide seating for multiple patrons and/or "booths" for individual
patrons.
(2)
Criteria for all adult businesses, generally.
(a)
No adult business shall be located within 500 feet of the property
boundary line of any: residence, residential district, church or other
place of worship, cemetery, school, park or playground, day-care center,
premises licensed to sell alcoholic beverages, or other adult business.
(b)
Persons or owners who intend to open an adult business must
obtain from Vanport Township a license to operate such an enterprise
and must pay an annual license fee of $500 to Vanport Township. In
addition, such persons or owners must supply to the Township detailed
information as to the ownership and management as required on the
licensing application form. This form can be obtained from the Township
Office.
(c)
An adult business shall be initially licensed, where it has
met all section requirements, through December 31 of the year in which
the license is issued. For each year thereafter that the adult business
intends to continue its business as an adult business, it must seek
from the Vanport Township office a renewal of this license. The application
for renewal is due in the office no later than November 1 of the year
preceding the year for which the license renewal is sought. The lack
of a license or the failure to seek license renewal on a timely basis
shall be a proper basis for the Township to deny or revoke an occupancy
permit to an adult business.
(e)
One parking space shall be provided for every two persons allowed
in the facility by building code.
(f)
Parking shall be located in front of the establishment but not
in the front yard setback.
(g)
The premises shall be screened on the sides and rear by evergreen
plantings of at least five feet in height at time of planting.
(h)
No personal contact between employees and/or performers and
patrons shall be permitted; this includes "lap dances."
(i)
Hours of operation shall be limited from 10:00 a.m. to 9:00
p.m.
(j)
Alcoholic beverages shall not be permitted on the premises of
an adult business.
(k)
Live performances are not allowed to be viewed in any setting
from private viewing booths.
(l)
In any facility where live performances are performed, there
shall be at least two nonperforming employees on duty for every 10
patrons present.
(m)
Minors, anyone under the age of 18 years, shall not be allowed
in any adult business either as an employee or as a patron.
(n)
Every adult business shall have an employee verify proof of
age from patrons in order to allow entry into the facility.
(3)
Criteria for adult movie theater, in addition to the criteria in Subsection C(2):
(a)
No more than any one person shall be permitted in a video booth
at any one time.
(b)
A guard must be provided at all times in the video area to prevent
sexual contact or solicitations or more than one person occupying
a booth.
(c)
Employees on duty must have an unobstructed view to any film-viewing
area.
(d)
No viewing areas or rooms can adjoin any other viewing areas
or viewing rooms.
(e)
A minimum of one footcandle of illumination, measured at floor
level, shall be provided in every area where patrons are provided
access.
D.
Medical marijuana.
[Added 10-9-2017 by Ord.
No. 375]
(1)
ACADEMIC CLINICAL RESEARCH CENTER
CAREGIVER
CERTIFIED MEDICAL USE
CLINICAL REGISTRANT
(a)
(b)
DISPENSARY
FORM OF MEDICAL MARIJUANA
GROWER/PROCESSOR
IDENTIFICATION CARD
MEDICAL MARIJUANA
MEDICAL MARIJUANA DELIVERY VEHICLE OFFICE
MEDICAL MARIJUANA ORGANIZATION OR FACILITY
PROTECTED STRUCTURE
REGISTRY
TRANSPORT VEHICLE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An accredited medical school within this commonwealth that
operates or partners with an acute care hospital licensed within this
commonwealth.
The individual designated by a patient to deliver medical
marijuana.
The acquisition, possession, use or transportation of medical
marijuana by a patient, or the acquisition, possession, delivery,
transportation or administration of medical marijuana by a caregiver,
for use as part of the treatment of the patient's serious medical
condition, as authorized by certification by the commonwealth.
An entity that:
Holds a permit both as a grower/processor and a dispensary;
and
Has a contractual relationship with an academic clinical research
center under which the academic clinical research center or its affiliate
provides advice to the entity, regarding, among other areas, patient
health and safety, medical applications and dispensing and management
of controlled substances.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Department of Health (DOH) of the commonwealth
to dispense medical marijuana.
The characteristics of the medical marijuana recommended
or limited for a particular patient, including the method of consumption
and any particular dosage, strain, variety and quantity or percentage
of medical marijuana.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the DOH to grow and process medical marijuana.
A document issued by the DOH that permits access to medical
marijuana.
Marijuana for certified medical use as legally permitted
by the Commonwealth of Pennsylvania with Act 16.[3]
Any facility used to house delivery vehicles for supplying
marijuana plants or seeds to one or more marijuana grower/processors
and/or dispensaries.
A dispensary or a grower/processor of marijuana for medical
purposes.
Any (public/private) hospital, school, cemetery, religious
institution and/or other public building.
The registry established by the DOH for all medical marijuana
organizations and practitioners.
A vehicle that meets the requirements of the act and is used
to transport medical marijuana between medical marijuana organizations
or between medical marijuana organizations and a laboratory.
[3]
Editor's Note: See 35 P.S. § 10231.101 et seq.
(2)
Academic clinical research centers.
(b)
An academic clinical research center may only grow medical marijuana
in an indoor, enclosed, and secure building which includes electronic
locking systems, electronic surveillance and other features required
by the DOH. The grower/processor facility shall not be located in
a trailer, cargo container, mobile or modular unit, mobile home, recreational
vehicle or other motor vehicle.
(c)
All external lighting serving an academic clinical research
center must be shielded in such a manner to not allow light to be
emitted skyward or onto adjoining properties.
(d)
A buffer planting is required where an academic clinical research
center adjoins a Single-Family Residential, General Residential or
Conservation District.
(3)
Medical marijuana grower/processor.
(a)
Application for facility within Township. Applicant must include
a written summary of how the facility will operate and provide a site
plan which includes:
(b)
A medical marijuana grower/processor must be legally registered
in the commonwealth and possess a current valid medical marijuana
permit from the DOH. A copy of such registration and permit shall
be submitted to the Township along with the zoning permit application.
(c)
A medical marijuana grower/processor may only grow medical marijuana
in an indoor, enclosed, and secure building which includes electronic
locking systems, electronic surveillance and other features required
and permitted by the DOH. The grower/processor facility shall not
be located in a trailer, cargo container, mobile or modular unit,
mobile home, recreational vehicle or other motor vehicle unless temporarily
provided for as part of the conditional use approval.
(d)
The maximum floor area of a medical marijuana grower/processor
shall be limited to 30,000 square feet per two acres of land the facility
is located on (with a total floor area not to exceed 120,000) of which
sufficient space (a minimum of 300 square feet unless otherwise set
by the state) must be set aside for secure storage of marijuana seeds,
related finished product, and marijuana-related materials used in
production or for required laboratory testing.
(e)
A medical marijuana grower/processor shall meet the same municipal
zoning and land use requirements as other manufacturing, processing
and production facilities that are located in the same district, including
but not limited to setbacks. There shall be no emission of dust, fumes,
vapors, odors, or waste into the environment from any facility where
medical marijuana growing, processing or testing occurs.
(f)
Marijuana remnants and by-products shall be secured and properly
disposed of in accordance with the DOH policy and shall not be placed
within any unsecure exterior refuse containers.
(g)
The grower/processor shall provide only wholesale products to
other medical marijuana facilities. Retail sales and dispensing of
medical marijuana and related products is prohibited at medical marijuana
grower/processor facilities.
(h)
Grower/processors may not locate within 1,000 feet of a park
or playground or 1,000 feet from the property line of a public, private,
or parochial school or day-care center. This distance shall be measured
in a straight line from the closest exterior wall of the building
or portion thereof in which the business is conducted or proposed
to be conducted, to the closest property line of the protected use,
regardless of municipality in which it is located.
(i)
All external lighting serving a medical marijuana grower/processor
must be shielded in such a manner to not allow light to be emitted
skyward or onto adjoining properties.
(j)
Off-street parking shall follow the requirements found in § 180-24A through E, as applicable. The facility shall provide one space for every 100 square feet of interior floor area. Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should be from within a secure environment.
(k)
A buffer planting is required where a medical marijuana grower/processor
adjoins a Single-Family Residential, General Residential or Conservation
District.
(l)
Entrances and driveways to a medical marijuana grower/processor
must be designed to accommodate the anticipated vehicles used to service
the facility.
[1]
All accesses must secure the appropriate highway occupancy permit
and execute any necessary road bonding agreements.
(m)
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed, it should be
from within a secure environment.
(4)
Medical marijuana transport vehicle service.
(a)
Application for facility within Township. Applicant must include
a written summary of how the facility will operate and provide a site
plan which includes:
[1]
Overall site development time frame and calendar.
[2]
Access roads (that are not public roads) to site must have the
final 50 feet paved to prevent dirt and debris onto public roadways.
[3]
Proposed vehicle traffic and other related traffic to and from
site.
[4]
Permits. All applicable, state, local and federal permits must
be attached to the application or provided upon issue.
(b)
A traffic impact study is required where the office is operated.
(c)
All external lighting serving a medical marijuana transport
vehicle service must be shielded in such a manner to not allow light
to be emitted skyward or onto adjoining properties.
(d)
A buffer planting is required where a medical marijuana transport
vehicle service adjoins a Single-Family Residential, General Residential
or Conservation District.
(e)
Entrances and driveways to a medical marijuana transport vehicle
service must be designed to accommodate the anticipated vehicles used
to enter and exit the premises.
[1]
All accesses must secure the appropriate highway occupancy permit
and execute any necessary road bonding agreements.
(f)
If for some reason a medical marijuana product is to be temporarily
stored at a medical marijuana transport vehicle service facility,
the facility must be secured to the same level as a medical marijuana
grower/producer and dispensary.
(g)
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed it should be from
within a secure environment.
(5)
Medical marijuana dispensary.
(a)
Application for facility within Township. Applicant must include
a written summary of how the facility will operate and provide a site
plan which includes:
[1]
Overall site development time frame and calendar.
[2]
Proposed vehicle traffic and other related traffic to and from
site.
[3]
Permits. All applicable, state, local and federal permits must
be attached to the application or provided upon issue as a condition
of approval. Including proof of a current valid medical marijuana
permit from the DOH.
(b)
A medical marijuana dispensary must be legally registered in
the commonwealth and possess a current valid medical marijuana permit
from the DOH. A copy of such registration and permit shall be submitted
to the Township along with the zoning permit application.
(c)
A medical marijuana dispensary may only dispense medical marijuana
in an indoor, enclosed, permanent, and secure building and shall not
be located in a trailer, cargo container, mobile or modular unit,
mobile home, recreational vehicle or other motor vehicle.
(d)
A medical marijuana dispensary may not operate on the same site
as a facility used for growing and processing medical marijuana.
(e)
Medical marijuana dispensaries shall have a single secure public
entrance (it may have multiple private entrances) and shall implement
appropriate security measures to deter and prevent the theft of marijuana
and unauthorized entrance into areas containing medical marijuana.
(f)
Permitted hours of operation of a dispensary shall be 8:00 a.m.
to 8:00 p.m., Monday through Friday, 9:00 a.m. to 9:00 p.m. on Saturday,
and 12:00 p.m. to 6:00 p.m. on Sundays.
(g)
The maximum floor area of a medical marijuana dispensary shall
be limited to the requirements in the underlying zoning district and
shall be used for secure storage of product, and shall have an interior
customer waiting area equal to minimum of 25% of the gross floor area.
A medical marijuana dispensary shall be a maximum of 6,000 gross square
feet, of which no more than 500 square feet shall be used for secure
storage of product.
(h)
A medical marijuana dispensary shall:
(i)
A medical marijuana dispensary may dispense only medical marijuana
to certified patients and caregivers and shall comply with all lawful,
applicable health regulations.
(j)
A medical marijuana dispensary may not be located within 1,000
feet of a protected structure or the property line of a public, private
or parochial school or a day-care center. This distance shall be measured
in a straight line from the closest exterior wall of the building
or portion thereof in which the business is conducted or proposed
to be conducted, to the closest property line of the protected use,
regardless of municipality in which it is located.
(k)
A medical marijuana dispensary shall be a minimum distance of
1,000 feet from the next nearest medical marijuana facility. This
does not include complementing or supporting businesses covered by
different definitions. This distance shall be measured in a straight
line from the closest exterior walls of the buildings or portions
thereof in which the businesses are conducted or proposed to be conducted,
regardless of municipality in which it is located. This separation
distance does not apply to the distance between the grower/processor
or academic clinical research centers and the specific dispensary
they serve, or with which they partner.
(l)
A medical marijuana dispensary shall not operate any closer
than 1,000 feet of drug-free school zones (public, private, parochial,
college or university), or 250 feet from a recreation center or playground.
(m)
Any medical marijuana facility lawfully operating shall not
be rendered in violation of these provisions by the subsequent location
of a public, private or parochial school or a day-care center.
(n)
All external lighting serving a medical marijuana dispensary
must be shielded in such a manner to not allow light to be emitted
skyward or onto adjoining properties.
(o)
A buffer planting is required where a medical marijuana dispensary
adjoins a residential use or district.
(p)
Entrances and driveways to a medical marijuana dispensary must
be designed to accommodate the anticipated vehicles used to service
the facility.
[1]
All accesses must secure the appropriate highway occupancy permits
and execute any necessary road bonding agreements.
(q)
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed, it should be
from within a secure environment.
(6)
Administration and enforcement; building and zoning permits/approvals.
(a)
A zoning permit shall be required prior to obtaining a building
permit. For the construction or erection of a building; the alteration
of a building or portion thereof; the use or change in use of a building
or land; or any adjustments to a nonconforming use.
(b)
The zoning permit application must be completed.
(c)
Permit fees shall be as stipulated in the fee schedule adopted
by resolution of the Township Board in effect at the time of application.
(d)
Permits may be denied if the applicant, in the reasonable opinion
of the Township Board, is failing to comply with any state or local
law or regulation.
(f)
If the application is to change the use of a building, or needs
to demonstrate allocation of space within a structure, the applicant
shall provide architectural drawings prepared by an architect registered
in the Commonwealth of Pennsylvania.
(g)
A medical marijuana grower/processor must be legally registered
in the commonwealth and possess a current valid medical marijuana
permit from the DOH.
(7)
Future development activities. The medical marijuana industry is brand new in the commonwealth and is expected to change, develop and evolve with new technologies and operations occurring at a rapid pace. The continuous change involved in this industry makes it difficult for the Township to amend its ordinances and regulations to cover every possible activity involved with medical marijuana and related fields. The operations and activities related to medical marijuana may involve the use of potentially hazardous chemicals, heavily regulated seeds, plants, etc., increased interest in the area and noise, which if left unregulated could seriously threaten the public health, safety and welfare of the residents and all premises within the Township. Therefore, the Township believes it to be necessary to enact a provision that requires any medical marijuana and related activities that are not specifically provided for or defined in this Subsection D or in the Township Code to apply for conditional use approval, subject to the procedures for approval contained in this chapter, as well as any additional conditions set by the Township Board of Supervisors.
(8)
Penalties. Any operator/owner shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees incurred by the Township in the enforcement of this Subsection D. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to issue a cease-and-desist notice and/or to seek equitable relief, including injunction to enforce compliance herewith. No bond will be required if injunctive relief is sought by the Township. A person who violates this Subsection D shall also be responsible for the Township's attorney fees, engineering fees, expert fees and court costs associated with enforcement.
(9)
Severability. If any sentence, clause, section or other part of this Subsection D is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this Subsection D would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
